Because no notice to redeem was served on the occupant and no evidence of the service of such a notice was recorded with the conveyance, the deed given by the Comptroller to the People on April 5, 1880, based on the tax sale of 1877, is void. ( People v. Ladew, 189 N.Y. 355; Ostrander v. Reis, 206 id. 448; People v. Witherbee, 199 A.D. 272; Clark v. Kirkland, 133 id. 826; affd., 202 N.Y. 573; People ex rel. Moynehan v. Gaus, 134 A.D. 80; affd., 198 N.Y. 501; People ex rel. Lake Placid Co. v. Williams, 145 A.D. 34; appeal dismissed, 205 N.Y. 597; Nichols v. Kellas, 90 Misc. 432; affd., 173 A.D. 923.) The notice must be given if only part of the land is occupied.
The fact that this tract was connected by water — "a nature's highway" — with the camp where plaintiffs lived, only a half mile distant and in sight thereof; that it was used in the manner above set forth in connection with that camp, and that signs were upon it showing the ownership, clearly constitutes an occupancy within the authorities. Clark v. Kirkland, supra; People ex rel. Lake Placid Co. v. Williams, 145 A.D. 34; People ex rel. Moynehan v. Gaus, 134 id. 80; Nichols v. Kellas, 90 Misc. 432; affd., 173 A.D. 923. It follows that the defendant's deed is void because no notice to redeem was served upon plaintiffs.